Debabrata Mookerjee, J. - (1.) This petition is directed against an order of the Municipal Magistrate, Calcutta, dated 24-6-1955, by which the petitioners Sailendra Kumar Roy and Rabindra Kumar Roy were convicted of an offence under Section 437(1)(a)/537, Calcutta, Municipal Act 1951. Each of these petitioners has been sentenced to pay a fine of Rs. 25/-.
(2.) The case made by the Municipality is that on premises No. 70/2/c Gouri Bari Lane, Calcutta, a mustard oil mill has been set up where oil is being manufactured by crushing mustard seeds with the aid of electrical power. The petitioners who are the owners of the mill manufactured oil without a license for the year 1952-53 and as such they contravened the provisions of Section 437(1) (a), Calcutta Municipal Act. The petitioners' defence was that they have been carrying on the business, which requires a health license, on the premises for a pretty long time and that they were granted by the Corporation such license in the past; but for the year in question they sent a cheque for Rs. 75/- towards the license fee but that was arbitrarily refused by the Corporation. In these circumstances the petitioners contended that they were not liable to be convicted of any offence under the Act.
(3.) The learned Magistrate who dealt with the case came to the conclusion that the petitioners were guilty of an offence under Section 437(1)(a) of the Act and in that view convicted and sentenced them as stated above.;